Dean v. Dean, 289 Ga. 664

Dean (Husband) and Dean (Wife) divorced May 14, 2008; settlement incorporated; child support set at $2,290 monthly based on $185,000 salary.
Agreement provided annual recalculation each year, retroactive to January 1, based on salary income.
Floor provision: annual recalculation shall not result in Husband paying less than $2,290 per month for two children.
2009 and 2010 recalculations did not increase the support obligation; June 28, 2010, Husband sought downward modification after involuntary job loss.
Wife moved to dismiss, arguing floor bars modification; trial court denied dismissal but held floor restricted modification; interlocutory appeal granted.
Georgia Supreme Court held floor did not constitute a valid waiver of modification rights under Varn; reversal of the trial court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does the floor provision waive modification rights under Varn?	Dean argues there is no clear waiver of modification rights.	Dean contends the floor is a contractual limit, not a waiver.	Floor is not a clear waiver; reversal.
Does Jones v. Jones support enforceability of a floor with explicit waiver language?	Dean argues Jones requires explicit waiver to enforce a floor.	Dean contends Jones favors enforceability when waiver is explicit.	Jones requires explicit waiver language; not satisfied here.
May Dean seek downward modification under OCGA § 19-6-15(j)?	Dean should be allowed modification despite floor failure to waive.	Wife argues modification is barred by floor.	Trial court erred; modification permitted.

Varn v. Varn, 242 Ga. 309 (1978) (clear and express waiver required for modification rights)
Jones v. Jones, 280 Ga. 712 (2006) (enforced floor only with explicit waiver language)
Brenizer v. Brenizer, 257 Ga. 427 (1987) (inadequate waiver language rejected)